CHOATE v. UNITED STATES

Civ. No. 9971.

233 F.Supp. 463 (1964)

Lawton CHOATE, Plaintiff, v. UNITED STATES of America, Defendant, v. I.T.T. KELLOGG, a division of I.T.T. Corp.

United States District Court W. D. Oklahoma.

September 18, 1964.


Attorney(s) appearing for the Case

Foliart, Shepherd & McPherren, Oklahoma City, Okl., for plaintiff.

B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., for defendant.

Fenton, Fenton, Smith & McCaleb, Oklahoma City, Okl., for third-party defendant.


DAUGHERTY, District Judge.

This matter is before the Court on the motion of the third party defendant ITT Kellogg to dismiss the third party complaint of the United States on the grounds that it fails to state a claim and that it is barred by the statute of limitations. Both sides have filed their respective briefs and the matter is now ready for disposition.

The principal complaint of the primary plaintiff Choate involves basically an allegation citing negligence...

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